104 [Decisions in cases where national policy statement has effect]

104  [Decisions in cases where national policy statement has effect]

(1)     This section applies in relation to an application for an order granting development consent if [a national policy statement has effect in relation to development of the description to which the application relates].

(2)     In deciding the application the [Secretary of State] must have regard to—

(a)     any national policy statement which has effect in relation to development of the description to which the application relates (a “relevant national policy statement”),

[(aa)     the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009,]

(b)     any local impact report (within the meaning given by section 60(3)) submitted to the [Secretary of State] before the deadline

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